A bipartisan effort is under way in the Florida Legislature to remove long-standing restrictions on the awarding of punitive damages in wrongful death cases involving medical negligence. 

Rep. Mike Beltran (R-Zephyrhills) and Rep. Johanna Lopez (D-Orlando) have co-sponsored the Keith Davis Family Protection Act, also known as House Bill 129. The bill would change the current Florida law dealing with wrongful death litigation, which restricts damages for mental pain and suffering to minor children.

Florida is the only state that currently bars the awarding of punitive damages to a surviving spouse or minor children when someone 25 or older dies from medical negligence.